Rajendra Yadav @ Ravindra Yadav @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63619 of 2021 Arising Out of PS. Case No.-20 Year-2019 Thana- AMAS District- Gaya ====================================================== RAJENDRA YADAV @ RAVINDRA YADAV @ CHHOTU YADAV Son of Sita Ram Yadav Resident of Village -Balwa Par, P.S.-Tekari, District-Gaya, at present R/o Village- Ulle , P.S.- Alipur, Distt.- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304(B) of the IPC. Learned counsel for the petitioner submits that the petitioner has clean antecedent.

Earlier, the prayer for bail of the petitioner was rejected vide order dated 03.03.2020 passed in Cr. Misc. No.60957 of 2019.

Vide order dated 07.04.2022, a report was called for

Patna High Court CR. MISC. No.63619 of 2021(3) dt.28-04-2022 2/3 with regard to the stage of the trial. Report reveals that the charge has been framed against the petitioner on 30.09.2020 under Section 304(B)of IPC and till date no prosecution witness has been examined and the case is fixed for evidence. Learned counsel for the petitioner submits that in view of the report it appears that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 12.06.2019.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.43/20/89/20 arising out of Amas Police Station Case No. 20 of 2019, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.63619 of 2021(3) dt.28-04-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T